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How should a VP be replaced?

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Old 10-14-2004, 02:02 AM
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J_R
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Default How should a VP be replaced?

Given that your answer must conform to the following by-law, how should the AMA replace a VP in the case where one of the current VPs running for President wins, and vacates his existing VP seat? When should this be done? Why?

The last sentence of the by-law would not appear to come into play. Cost of a special election is estimated at $10,000 to $$20,000 depending on the number of members in the district.

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Article X, Section 2. In the event of a vacancy during a regular term by death, incapacity, inactivity, resignation, impeachment, removal from office or transfer out-of-district of any AMA official, the following procedure shall be used to replace him to fill out the remainder of his term:

(1) The Executive Council may replace a Vice President as follows:

When a vacancy occurs during the regular term of an elected Vice President, two nominees for his replacement are to be selected by the outgoing Vice President (or by the Executive Council in the event of the demise, incapacity, or inaction of the Vice President), one of whom shall be currently an active Associate Vice President in that district. Any nominee must be qualified for the office of District Vice President as provided in Article IX. An election shall be conducted by AMA Headquarters by mailing ballots to all Open members of the District. A plurality vote shall elect. A period from date of mailing to close of receipt of balloting will be established by the Executive Council. When a vacancy occurs within three months of the end of the current term of office, or when a Council meeting is called or scheduled during the nominating and voting period, the outgoing Vice President (or the Executive Council in the event of his demise, incapacity, or inaction) shall make an interim appointment from among the active Associate Vice Presidents in the district.
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Old 10-14-2004, 02:42 AM
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Default RE: How should a VP be replaced?

JR

Not sure what you are getting at...is it the money? It seems laid out pretty well to me. Maybe I am missing something tho. Whats new
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Old 10-14-2004, 03:43 AM
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Default RE: How should a VP be replaced?

When any setting VP runs for President there should be one or more nominations for his replacement made at the same time his nominations are submitted. The nomination of the VP for President would include nominations for his replacement should he win the seat. These nominations should then appear on the ballot coincident with the setting VP's and voted on as a contingency if the VP wins the election. The usual write-in provisions should be included.

This would 1) assure that there is no gap in representation, 2) add no cost to the process.
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Old 10-14-2004, 09:27 AM
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Default RE: How should a VP be replaced?

All sitting VP's have already selected 2 AVP's to replace them should they become incapacitated.
My dictionary defines incapacitated as "3. Something that renders legally ineligible, disqualification." which seems to apply in this scenario.
Seems to me that either a) the outgoing VP choses the incoming VP from the 2 he's selected to replace him, (a procedure that has been used in the past) or b) the membership of the district selects from the 2 AVP's that are on file as willing to serve as VP until the next scheduled district election.


You guys need to ask Dave who his 2 selected AVP's are to replace him in event of his incapacitation (election).
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Old 10-14-2004, 09:40 AM
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Default RE: How should a VP be replaced?

Red

That seems like a reasonable measure but I would also be happy to have the VP just appoint a AVP to seat the remainder of the term. Sure I believe in the election process but term limits and such are virtually arbitrary (Yada yada yada...) and the AMA is not going to fold if an appointed interim AVP acts as VP for a year. Heck if the fellow elected is good enough for top spot I guess we could trust him to appoint someone close to follow through.

Hmmm...how is it done in more important situations?...such as the US elections?


Maybe the bylaws should be cleaned up and simplified... after all the AMA is way to political anyway IMHO. KISS comes to mind. But then I guess there would be a vacuum...oh heck here I go again...and the Bum might get confused (too much ambroid fumes?)...better stop now before getting tooooo deep.
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Old 10-14-2004, 11:11 AM
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Default RE: How should a VP be replaced?

.......or when a Council meeting is called or scheduled during the nominating and voting period, the outgoing Vice President (or the Executive Council in the event of his demise, incapacity, or inaction) shall make an interim appointment from among the active Associate Vice Presidents in the district.
This was the case for the McNeil situation. Had McNeil passed away last year, there would not have been a nominating/voting period for him, so an election would have been required. Since the nominating/voting period was this year for D-V, and meetings were scheduled, the EC was within the Bylaws to act as it did.

Personally I think the Bylaws are just fine as they are. I commend the EC for working within the Bylaws even though the EC found the Bylaws to be very favorable to its purpose.
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Old 10-14-2004, 11:15 AM
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Default RE: How should a VP be replaced?

Here are three possible scenarios that I can see.

The EC appoints an interim VP for the balance of the term (could be one year or two, depending on the district the VP is from)

The EC appoints an interim VP for the next year, until the general election, thus saving the cost of a special election, with the winner serving the balance of the term, if any (limits interim VP to 1 year).

The EC calls a special election at an estimated cost of $10,000 to $20,000, depending on the size of the district, time to be set ASAP.

Any election would be between the two nominees made by the exiting VP.

I think all the above meet the by-law. Since no time guidelines appear in the by-law, it seems any of the above could be done. Which is preferable, or is there a better way that meets the by-laws, that I do not see?
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Old 10-14-2004, 11:28 AM
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Default RE: How should a VP be replaced?

ORIGINAL: Hossfly

.......or when a Council meeting is called or scheduled during the nominating and voting period, the outgoing Vice President (or the Executive Council in the event of his demise, incapacity, or inaction) shall make an interim appointment from among the active Associate Vice Presidents in the district.
This was the case for the McNeil situation. Had McNeil passed away last year, there would not have been a nominating/voting period for him, so an election would have been required. Since the nominating/voting period was this year for D-V, and meetings were scheduled, the EC was within the Bylaws to act as it did.

Personally I think the Bylaws are just fine as they are. I commend the EC for working within the Bylaws even though the EC found the Bylaws to be very favorable to its purpose.
Horrace

I agree that the EC did the correct thing in D 5, however, the last sentence of the by-law involved would not come into play in the case of a replacement VP in this sceneario.

Just my opinion, but most of the by-laws need an update, including this one. Hopefully, regardless of who wins, the by-law re-write will rise to the top of the agenda.
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Old 10-14-2004, 11:38 AM
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Default RE: How should a VP be replaced?

The EC appoints an interim VP for the balance of the term (could be one year or two, depending on the district the VP is from)

The EC appoints an interim VP for the next year, until the general election, thus saving the cost of a special election, with the winner serving the balance of the term, if any (limits interim VP to 1 year).
Nay, not so. The exception to the election is for the last year of the 3 year term's period because in that year there is a nomination period and election period that year for the incumbent. An election is required if the vacancy happens during the years 1 and 2 of the 3 year term.

The EC calls a special election at an estimated cost of $10,000 to $20,000, depending on the size of the district, time to be set ASAP.
Yep except during the third year. Council meetings are scheduled throughout the year. The Bylaws only require one meeting per year.

Since no time guidelines appear in the by-law, ...
What is this?
"When a vacancy occurs within three months of the end of the current term of office, or when a Council meeting is called or scheduled during the nominating and voting period,..."

Sometimes the sky ain't really falling, JR.
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Old 10-14-2004, 11:57 AM
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Default RE: How should a VP be replaced?

Horrace

A new AMA President, or VP for that matter, takes office on Jan 1, after the election. The last sentence of the by-law I quoted does not come into play, at all, since neither the end of the term nor a nominating and voting period are at hand within the specified 3 months. (Of course, the Jan 1 date could coincide with the end of the VPs term, but, I am discounting that as an issue.)
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